ACU Bullion Limited Customer Agreement
This agreement is signed by the following parties:
ACU Bullion Limited (ACU Bullion Limited) is a precious metal dealer established in accordance with the Hong Kong Special Administrative Region's Companies Ordinance (Chapter 32 of the Laws of Hong Kong) and other relevant laws, regulations and ordinances. Its registered address is 1/F, 88 Bonham Strand, Sheung wan, Hong Kong. (hereinafter referred to as " ACU Bullion");
And the customer (refers to the other party to this agreement, whose details are listed in the account opening application form). Both parties agree as follows:
1. The client wants to decide to open a trading account in ACU Bullion and use the trading account for precious metals trading. Based on the aforementioned purposes, the client has requested ACU Bullion for the aforementioned purposes to open and maintain its trading account in ACU Bullion, and execute any transaction instructions issued by the client's account.
2. ACU Bullion agrees to allow customers to open trading accounts in accordance with the following terms and conditions at the customer’s request from time to time and in accordance with the absolute discretion of ACU Bullion, and maintain them with specific or designated account names, numbers, or other methods. account. ACU Bullion agrees to execute all orders issued by customers for off-exchange precious metals transactions in accordance with the terms and conditions set out below in this agreement.
1. Definition and explanation
1.1 In this agreement, unless the context requires otherwise, the following phrases have the following meanings:
ACU Bullion: Including ACU Bullion Limited and its successors and assigns.
Client: If the client is an individual, it includes the client and its executor and administrator; if the client is a sole proprietorship, it includes the sole proprietor and its executor and administrator, as well as the heirs of his business; if the client is A partnership enterprise includes the business partners and their executors and estate managers, new partners and their executors and estate managers during the period of the account, and the heirs of the partnership enterprise; if the client is a company, then Including the company and its heirs.
Agreement: Including this agreement, the customer notice in the annex, the risk disclosure statement, the account opening application form, the customer’s statement and all other agreements or grants made by customers at any time to maintain the validity of their ACU Bullion accounts the power of attorney and all the attachments, lists, supplements and amendments to the above-mentioned files issued by ACU Bullion from time to time in written form.
Account: refers to the trading account opened by the customer in ACU Bullion
ACU Bullion Internet Services: refers to the online transaction services provided by ACU Bullion, any information contained in the service system and the software that constitutes the system.
Initial margin: refers to the minimum amount that a customer must deposit with ACU Bullion as collateral for all transactions each time a transaction instruction is issued or before. This amount may be regulated by ACU Bullion from time to time.
Written: Unless otherwise specified in this agreement, it includes writing, printing, telex information, e-mail, fax, and any other clearly identifiable text or pattern reproduction methods. For ACU Bullion, it also includes ACU Bullion The content published by ACU Bullion Industry on its official website.
Maintenance Margin: Refers to the minimum balance amount that the customer must maintain for each contract after depositing the initial margin. The amount may be regulated by ACU Bullion at its discretion from time to time.
Precious metals: refers to precious metal’s transactions, including gold/silver transactions.
Login password: refers to the customer's private password assigned to the customer by ACU Bullion and used together with the customer's user name to connect to the service.
Service: Refers to any service or precious metal trading facility provided by and/or on behalf of ACU Bullion. These facilities enable customers to give instructions to buy and/or sell precious metals through the Internet or other means, and to receive account information and receive related services.
Intermediary: Refers to the intermediary or introducer who introduces customers to ACU Bullion to open an account. His identity is an independent third-party vendor and is not an employee of ACU Bullion.
SFC: Refers to the Securities and Futures Commission established under the Securities and Futures Ordinance.
Securities and Futures Commission: Refers to the Securities and Futures Commission, Chapter 571 of the laws of Hong Kong, as amended or updated from time to time
Username: Refers to the client's private name identification assigned by ACU Bullion. It uses the connection service, account information and other related services together with the password.
1.2 The headings are only set up for the convenience of reference and should not hinder the interpretation of this agreement.
1.3 This agreement uses the terms singular and plural to refer to each other, and terms referring to a certain gender include other genders. The paragraph headings of this agreement are added for the convenience of examination and do not limit or affect the application and meaning of the paragraph clauses.
2. Customer declaration
2.1 When signing this agreement and applying for account opening, the client confirms that he has been informed that ACU Bullion is a registered clerk of the Chinese Gold & Silver Exchange and holding a member license for the Chinese Gold & Silver Exchange. The business operation must comply with the standards of the Chinese Gold & Silver Exchange. The trading of precious metals is not a regulated activity under the Securities and Futures Commission. I have read this agreement in detail, understand, agree and accept its content and trading rules, clearly know that ACU Bullion is legally compliant, and agree to be subject to the terms and conditions of this agreement. Conditional constraints and not giving the account to others to use in any form, especially the customer notice and risk disclosure in the attachment, have fully understood the nature of such transactions and the risks to be taken when signing this agreement.
2.2 The customer also confirms that his account is owned by the customer when signing this agreement and applying for account opening, and all transaction or non-transaction instructions issued by the customer's account are the customer's own actions. ACU Bullion again reminds customers of the importance of ensuring that their accounts and passwords are not leaked and/or not used by others, and are solely responsible for the instructions issued by their accounts.
3. Account opening and closing
3.1 If the customer checks "I have carefully read and agree to the above agreement" in the account opening application form of the ACU Bullion Industry website, the legal effect will be the same as the legal effect of signing the agreement in person. The customer agreement will not be mailed separately. The customer must present the original valid identity document at the office of the customer to sign and receive the original customer agreement, but it should be the law when the account opening application form is checked. time. ACU Bullion will upload the latest amendments to the agreement in a timely manner, and it is necessary for customers to check it on their own to protect the right to know.
3.2 In order to guarantee the interests of customers, for customers in the People's Republic of China, ACU Bullion only accepts individuals with valid identification documents to open trading accounts. Only one trading account can be opened per person for the voucher number. If it is found that the same investor holds multiple accounts in ACU Bullion at the same time, ACU Bullion reserves the right to cancel other accounts of the investor.
3.3 If the customer needs to close the account, he needs to fill in the account cancellation application form. If the customer has closed the position, ACU Bullion will process the application within two working days after receiving the application.
4. Deposits and Withdrawal
4.1 The client can deposit funds for the client's trading account according to the deposit method provided on the ACU Bullion website. Unless ACU Bullion has verified and confirmed that it has received the client's deposit, it will not be able to process the deposit for the client. If the customer uses bank remittance to inject capital and other related costs, the customer himself shall bear the handling fee and other related expenses. All deposit are subject to the confirmation of receipt of funds deposited by customers by ACU Bullion. Clients shall not be held accountable for any responsibility of ACU Bullion * for placing orders or closing orders due to deposit or any other reasons that cannot be accepted or confirmed by ACU Bullion.
ACU Bullion only accepts customers to deposit funds with their designated current bank accounts. ACU Bullion will not accept clients' entrusting their immediate family members or close related persons to help them make deposits, nor will they accept clients' deposits on behalf of clients by other third parties. ACU Bullion reserves the right to investigate, verify and refuse customers to deposit funds from their immediate family members, closely related persons or third-party accounts. If the customer fails to submit the relationship certificate and account certification information required by ACU Bullion, we will immediately freeze the customer's account for investigation, prohibit all transactions in the account, and have the full right to perform the following processing on the customer's account:
4.1.1 If there has never been any transaction in the customer's account, ACU Bullion will deduct 10% of all third-party deposits as a reasonable operating cost, and return the balance to the deposit bank account;
4.1.2 If any transaction has been carried out on the client's account, ACU Bullion will cancel all transactions and discounts (including but not limited to rebates and bonuses) initiated by the third-party manufacturer's deposit. After deducting 10% of all third-party deposits as a reasonable operating cost, return the balance to the deposit bank account;
4.1.3 ACU Bullion shall report relevant incidents to any relevant regulatory agency or law enforcement agency at its discretion.
4.2 Before opening an account or withdrawing money for the first time, the customer's identity certificate or a photocopy of a valid passport and bank card must be submitted to ACU Bullion, otherwise ACU Bullion will not accept the customer's application for opening an account or withdrawing money. For the safety of customer funds, customers must bind the customer ID and the bank account opened with their real name when opening an account to withdraw money, and can only withdraw money through this binding bank account.
4.3 Due to the reasons of third-party vendors, the bank's processing speed is difficult for ACU Bullion to control and predict. Therefore, customers may not receive the withdrawal amount within the expected time.
4.4 ACU Bullion reserves the right to adjust the handling fees for deposit and withdrawal at any time and all related interpretation rights.
4.5 The client must ensure that all sources of funds are legal and do not involve any illegal activities. ACU Bullion has the right to request customers to provide proof of the legal source of funds at any time. If the customer fails to provide a proof of the source of funds that ACU Bullion considers satisfactory, ACU Bullion can freeze the customer’s account and stop providing services to the customer immediately. And notify the joint wealth investigation team in accordance with the law. ACU Bullion reserves the right to pursue any losses caused by the client's failure to provide proof of the legal source of funds.
5.1 ACU Bullion can match orders and/or place market orders for some or all of the customer's trading orders. ACU Bullion is authorized to purchase or sell precious metals for the customer’s account to third-party vendors such as banks and financial institutions in accordance with the customer’s verbal, written or computer instructions, and the customer agrees to the transaction authorization;
5.1.1 When ACU Bullion is authorized to execute instructions, and without consulting the validity of the instructions, the instructions can be regarded as valid instructions issued by the client;
5.1.2 Under any circumstance, ACU Bullion does not need to verify the validity of the written instructions or the signature of any individual circumstances;
5.1.3 In the case of ACU Bullion acting in good faith and no major negligence, the customer will bear all and the risk of issuing unapproved instructions, and the customer will be liable for any losses, expenses, remuneration, damages, expenses, claims, litigation or ask for responsibility, and guarantee that it will not be held accountable or demand compensation, and that it will not cause losses due to the above circumstances, including any actual actions, delayed actions or refusal to take actions related to or arising from the company , Any instructions or information provided by the customer to ACU Bullion, including improper, unauthorized or fraudulent instructions issued by the customer, even if the instructions are not authorized by the customer;
5.1.4 ACU Bullion has the right to limit the total number of orders placed by customers each time and the right to limit the amount and/or total number of positions acquired or held by customers. ACU Bullion will endeavor to execute the orders it chooses to accept in accordance with the customer’s instructions. The customer’s order instructions including the closing instructions may not be executed or accepted by ACU Bullion, or may not be executed or accepted due to various reasons. ACU Bullion is not responsible for any orders or liquidation instructions that have not been executed or accepted;
5.1.5 ACU Bullion has the right to refuse to accept any order. ACU Bullion also does not guarantee that customers can modify the stop loss or take profit setting at any time. ACU Bullion is not responsible for any that cannot be directly or indirectly controlled by ACU Bullion. Loss or damage caused by events, actions or non-actions, such circumstances include but are not limited to any loss or damage caused by delays or inaccuracy in the transmission of orders or information due to failure of transmission or communication facilities. In terms of transaction procedures, due to various reasons, if customer want to set stop loss or take profit, customer may not be able to execute it, and the order is still carried out in accordance with the old instructions. As a result, ACU Bullion is not responsible for the loss. The customer understands and accepts it, one of the risks that need to be endured when conducting transactions on an online trading platform;
5.2 Due to the Internet, connection delays, and quotation errors, sometimes the quotations displayed on the ACU Bullion’s trading platform cannot accurately reflect the real-time market prices. Sometimes the transaction price may be different from the price seen on the system platform when the customer places an order. The customer hereby expressly accepts and agrees. The final price of all transactions is subject to the transaction record of the trading system of ACU Bullion.
6. Government, third-party institutions and inter-bank system regulations
All transactions under this agreement are subject to the charters, rules, regulations, regulations, conventions, usage, rulings and interpretations of third-party institutions or other banks, clearing organizations, exchanges, trading committees, and regulatory agencies that execute transactions, and are enforced All applicable laws, if any decree passed thereafter, or any regulation passed by any government agency, is binding on ACU Bullion, affects or conflicts with any clause of this agreement, the affected clause will be deemed to be affected by the relevant statute. , Regulations are changed or replaced, and other terms and the changed terms will continue to be effective. The client acknowledges that all transactions under this agreement are subject to the aforementioned restrictions and conditions.
7. Consent for cross-trading
The client hereby acknowledges and agrees that the following situations may occur: that is, a certain business person, director, affiliate, related person, employee, bank or bank employee, dealer, and the company itself, related to ACU Bullion, both may be the counterparty or principal of the client's account transactions, and the client hereby agrees to conduct the above-mentioned transactions. The only restrictions are any possible regulations or regulations of banks, institutions, exchanges or trading committees that execute purchase and sale orders, or any possible restrictions and conditions of other regulatory agencies.
8. Account settlement and payment of arrears
8.1 If the following situations occur:
8.1.1 The customer is dead or judicially declared incapacitated;
8.1.2 The client applies for bankruptcy, or appoints a custodian, or the client automatically or passively conducts any bankruptcy or similar litigation;
8.1.3 Insufficient margin, or ACU Bullion determines that any collateral used to protect one or more accounts of the customer is insufficient to guarantee the account, regardless of the current market quotation;
8.1.4 The client fails to provide any information required by this agreement to ACU Bullion;
8.1.5 Any other circumstances or changes in which the ACU Bullion should take protective measures.
The client authorizes ACU Bullion to take one or more of the following actions at its sole discretion and can use the following methods to process client account settlement and reimbursement:
(i) Buy or sell any precious metal positions held by clients;
(ii) Cancel any or all outstanding orders, or any other promises made on behalf of the customer.
8.2 When taking any of the above actions, ACU Bullion does not require the following conditions: that is, it requires the customer to provide a margin or additional margin, or notify the customer, heir, principal or transferor of the purchase and sale decision in advance, regardless of whether the ownership interest is involved. For the customer's exclusive or shared with others, ACU Bullion will cancel all open positions of the customer in order to establish a contract that ACU Bullion determines that it is beneficial to protect or reduce the customer's existing position difference or all locked positions.
8.3 According to the requirements of ACU Bullion, the customer will be responsible for the balance owed on his account at any time. When his account is completely or partially closed by ACU Bullion or itself, the remaining balance will be liable at any time.
8.4 If the funds realized by the liquidation according to this authorization are not enough to pay the debts owed by the customer to ACU Bullion, upon request, the customer will immediately pay the debt, all outstanding debts, and the corresponding interest (the calculation method is as follows: At that time, the preferential interest rate of major banks in ACU Bullion plus 5% or the highest interest rate stipulated by the law, choose the lower one), and all commission fees, including attorney fees, witness fees, travel expenses, etc. If ACU Bullion pays other fees in addition to the collection arrears due to the client's account, the client also agrees to pay such fees.
9. Customer risk
9.1 The client understands that investment obituary leverage or leveraged trading is speculative and involves a high degree of risk, and is only suitable for people who can bear the risk of loss in excess of their margin deposit. The client understands that due to the low margin usually required for precious metal transactions, the price changes of precious metals may cause considerable losses, which may exceed the client's investment and margin deposits. The client guarantees that he is willing and able to bear the risk of precious metals trading financially or otherwise, and the client agrees not to pursue the transaction loss caused by the transaction recommendation or suggestion made by the company or its employees or representatives. The responsibility of the industry. The customer recognizes that it is impossible to guarantee that precious metals trading will be profitable or free from loss. The client acknowledges that it has not obtained such guarantee from ACU Bullion, or any of its representatives, or introducers, or other entities with which the customer conducts ACU Bullion transactions, and does not enter into this agreement based on any of the foregoing guarantees.
9.2 The client also understands that the trading of precious metals involves potential profits and losses. If the trading conditions are unfavorable, the loss may exceed the initial guaranteed amount. The price fluctuations of precious metals trading are affected by a variety of global factors. Most of these factors are unpredictable, and the violent fluctuations in the price of precious metals may cause investors to be unable to settle failed transactions. Although the staff of ACU Bullion is constantly paying attention to the market conditions, they cannot and will not guarantee the accuracy of forecasts, nor can they guarantee that any loss will not exceed a certain amount.
10. ACU Bullion's disclaimer and reserved rights
10.1 Communication and power failure
ACU Bullion will not be responsible for any delay in the transmission of instructions due to failures in transmission or communication facilities, power shorts, or any other reason beyond the control or prediction of ACU Bullion. ACU Bullion will only be responsible for the actions directly caused by ACU Bullion’s serious negligence, deliberate fault or fraud. ACU Bullion will not be responsible for any loss caused by the negligence of any introducer or other participant hired by ACU Bullion under this agreement.
10.2 Internet failure
Since ACU Bullion cannot control signal communication, the reception of signals through the Internet and routing depends on the structure of the client's equipment or the reliability of the connection. ACU Bullion is not responsible for communication failures, distortions or delays in transactions on the Internet.
10.3 Market risk and online trading
Precious metals trading involves considerable risks and is not suitable for everyone. Please refer to this Agreement and its attachment for a detailed introduction of risks. No matter how convenient or efficient online trading is, this does not reduce the risk of precious metals trading.
10.4 Password protection
The customer understands and confirms that the customer's transaction password must be kept strictly confidential, and the customer is the only authorized user of the transaction password. ACU Bullion only accepts operations by customers themselves. Customers must keep their passwords confidential to ensure that third parties cannot access all transaction information such as account login numbers and passwords.
The customer agrees to be responsible for all instructions sent to ACU Bullion via email, verbal or written. If these instructions have been authenticated with the client's account login number and password, ACU Bullion will judge and believe that the instructions are the instructions of the customer. ACU Bullion is not responsible for further inquiries about the client’s instructions, nor is it responsible for the losses caused by actions or non-actions taken in accordance with these instructions. Therefore, clients must properly ensure that their trading account numbers and passwords are not leaked. No third party can use its trading account and password.
If the customer ignores the company’s regulations and reveals the transaction password to a third party to use/operate/chat on behalf of any non-personal operation, regardless of whether the password is disclosed deliberately, unintentionally, or wrongly, the customer must be responsible for all transactions, losses, Responsible for expenses and expenses, and ACU Bullion shall not be responsible for any losses, expenses and expenses incurred by transactions that are not executed by the user due to the trading account being handed over to others for use/operation/speculation on behalf of others, and will not accept any consequential transactions. Any complaints. If there is any disagreement with any transaction, the system records of ACU Bullion will prevail, and ACU Bullion will have the final right of interpretation and decision.
10.5 Quotation error
When certain quotation or transaction price errors happen, ACU Bullion will not be responsible for the account balance error caused by the error. These errors include but are not limited to: trader's wrong quotation, non-international market price quotation, or any quotation error (for example: hardware, software or network problems, or wrong information provided by a third party). ACU Bullion is not responsible for the account balance caused by the error. When placing an order, the customer needs to reserve enough time to execute the order and the system calculates the required margin time. If the execution price of the order or the order setting is too close to the market price, it may trigger other orders (regardless of the order type) or issue a margin reminder. ACU Bullion will not be responsible for margin reminders, account balances or account positions caused by the system not having enough time to execute orders or perform calculations. The above shall not be regarded as an exhaustive list. In the event of a quotation or execution error, ACU Bullion reserves the right to make any corrections or adjustments. Any disputes related to quotation and transaction errors can only be resolved by ACU Bullion at its sole discretion. If there is any loss, damage or liability to ACU Bullion as a result, the customer agrees to make compensation so that ACU Bullion is not damaged.
10.6 Orders placed by operating software are not accepted
In order to maintain the fairness of online transactions, in addition to using the authorized software provided by ACU Bullion, ACU Bullion does not accept any use of operating software to place orders on the ACU Bullion’s system. If it is discovered that the transaction qualification will be cancelled, these operations are considered illegal, and the profits obtained are considered illegal profits. ACU Bullion will recover all illegal profits and required expenses (including capital injection fees, administrative fees, and transaction coding fees).
10.7 Disclosure of personal data
The Internet, connection delays and errors in quotation sometimes cause the quotation displayed on the ACU Bullion trading platform to not accurately reflect the real-time market price. "Arbitrage" and "cutting foreign exchange", or the behavior of profiting from the price difference due to the delay of the network connection, cannot exist in the over-the-counter market where customers directly buy and sell with the dealer. ACU Bullion does not allow customers to conduct such arbitrage on the trading platform of ACU Bullion. Transactions that rely on arbitrage opportunities due to price lag may be cancelled. ACU Bullion reserves the right to make necessary changes and adjustments to the accounts involved in the above-mentioned transactions. ACU Bullion has the sole discretion to request traders to intervene or approve all orders and or terminate the accounts of relevant customers. ACU Bullion can completely resolve disputes arising from arbitrage or price manipulation on its own. ACU Bullion reserves the right to restrict withdrawals until the above problems can be solved. Any actions or resolutions stated here will not damage or cause ACU Bullion to waive any rights or compensations to customers and its employees.
10.9 Price, order execution and platform control
ACU Bullion strictly prohibits any account from controlling its price, execution and platform in any form. If ACU Bullion suspects any account is engaged in manipulation, ACU Bullion reserves the right to investigate and review the account, and deduct the profits earned from related activities from the suspected account. ACU Bullion reserves the right to make necessary corrections or adjustments to the relevant accounts. For accounts suspected of engaging in manipulation, ACU Bullion has the sole discretion to require traders to intervene, to approve orders and or to terminate the accounts of the relevant customers. As for any disputes arising from arbitrage and or manipulation, ACU Bullion is completely autonomous. ACU Bullion may, at its discretion, decide to report relevant incidents to any relevant regulatory or law enforcement agency. Any actions or resolutions stated here do not exempt or impair the rights or compensations of ACU Bullion to customers and its employees, and all are expressly reserved rights or compensations.
10.10 Bankruptcy Risk Disclosure
The transaction between the client and ACU Bullion is not conducted on the exchange. In the event of bankruptcy of ACU Bullion, the customer may not receive priority repayment if it recovers the relevant deposit funds or the benefits earned in the transaction from ACU Bullion. The customer is an unsecured creditor and does not have the priority of repayment, and will be repaid together with other creditors after the company completes the priority repayment of the debt.
10.11 Right to amend from time to time
ACU Bullion has the right to amend the terms of this agreement from time to time. ACU Bullion will announce the relevant amendments or changes to customers on the official webpage (www.acughk.com) of ACU Bullion. Customers are responsible for regular streaming Review the amendments to the relevant terms and agree to be bound by them as soon as they are announced.
10.12 Disclosure by introducer
ACU Bullion does not supervise the activities of the introducer and shall not be liable for any statements made by the introducer. ACU Bullion and the introducer are completely independent of each other. The direct agreement between ACU Bullion and the introducer does not establish a joint venture or partnership relationship. The introducer is not an employee of ACU Bullion, and his words and deeds do not represent ACU Bullion.
(i) The client understands and agrees that if the client's account in ACU Bullion is introduced by an introducer, the introducer may obtain the customer's personal data and other information about the customer's transaction activities in the ACU Bullion account. The client understands and agrees that if the client's account in ACU Bullion is introduced by the introducer, the introducer shall not engage in transactions with the customer's ACU Bullion account.
(ii) Because the risk factor of precious metal transactions is high, only real "risk" funds can be used for such transactions. If the client has no surplus funds to lose, the client should not trade in the precious metal market.
(iii) The client understands that the introducer or many third parties who sell trading systems, courses, programs, research or suggestions may not be supervised by government agencies.
(iv) If the customer has previously been told or believed that the use of any third party trading system, course, program, or research or advice provided by the introducer or other third party will bring trading profit, the customer hereby confirms, agrees and understand that all precious metal transactions, including transactions conducted through any third-party trading systems, programs, or research or recommendations provided by the introducer or other third parties, involve a great risk of loss. In addition, the customer hereby confirms, agrees and understands that precious metals trading, including trading through any third-party trading systems, courses, programs, or research or suggestions provided by the introducer or other third parties, does not necessarily bring profit, it is not always possible to avoid risks or limit risks.
(v) If the introducer or any other third party provides the customer with information or advice on precious metal trading, ACU Bullion will never be responsible for the loss caused by the customer's use of the information or advice.
(vi) The client confirms that ACU Bullion and anyone related to it has not made any promises regarding the future profit and loss of the client's account. The client understands that precious metals trading has great risks.
(vii) ACU Bullion will provide risk disclosure information when new customers open an account. Customers must read this information carefully and must not rely on any information of the contrary intention from elsewhere. Customers conducting transactions on this platform will be deemed to have read and understood the risk statement of ACU Bullion.
(viii) As for the information or advice that the client has or will obtain from the introducer or any other non- ACU Bullion employees, ACU Bullion has no control over, nor does it support or guarantee the accuracy or completeness of its precious metal transactions.
(ix) ACU Bullion does not support or guarantee the services provided by the introducer. Since the introducer is not an employee of ACU Bullion, it is the client's responsibility to verify and strictly evaluate the introducer before enjoying its services.
10.13 Internet Risk Disclosure Statement
As the signal between the Internet, its reception or line, its equipment/system settings or the reliability of its connection system are not within the control of ACU Bullion, it is impossible for ACU Bullion to appear when trading via the Internet Responsible for communication failures, misrepresentations or delays. Precious metals trading carries considerable risks and is not suitable for everyone. No matter how convenient and fast online transactions are, it is impossible to reduce the risks associated with transactions. You confirm that the spot price of precious metal transactions varies from institution to institution, and may change at any time from minute to second. The reasons include (but not limited to) the time difference in data transmission, so sometimes it is not even possible to trade based on the published price. Therefore, the client agrees to accept that the price provided to the client by ACU Bullion from time to time is the best price available at that time.
11. Report and Confirmation
The order confirmation report and the customer's account statement will be deemed to be correct, final and binding on the customer, unless the customer immediately makes a written objection within one day of receiving the report from the ACU Bullion Platform or other methods. As an alternative to mailing transaction confirmation, ACU Bullion will provide customers with Internet login accounts for easy access at any time. The client's written objection should be sent to the latest office address provided on the ACU Bullion website. The address may be changed from time to time, and the client should request a return receipt. If there is no objection, all actions taken by ACU Bullion or its introducer before the client receives the above report will be deemed to have been approved. The customer's failure to receive the transaction confirmation does not relieve him of his obligation to make the above objection. The customer agrees to electronically transmit transaction confirmation and billing. All disputes between customers and ACU Bullion, if they involve transactions conducted by customers using the trading platform provided by ACU Bullion, the relevant transaction information shall be subject to the system data of ACU Bullion, and as the only dispute between the two parties. Evidence is binding on both parties.
12. Financial Information
The client declares and warrants that the financial information disclosed to ACU Bullion accurately expresses the client's current financial situation.
This agreement will continue to be effective until terminated. The customer can terminate the agreement at any time, as long as the customer does not hold an open position, does not have any debts to ACU Bullion, and ACU Bullion receives a notice, or any time ACU Bullion sends a written termination to the customer The notice shall be effective from the close of the market on the day when the notice is issued, and the condition that such termination will not affect any previously signed transactions and will not release any party to any obligations under this agreement, or release the customer’s responsibility for any arrears.
The client agrees that if the client fails to fulfill its commitments in full and in a timely manner or because its statements or guarantees are not true or correct, any debts, losses, damages, costs or expenses, including attorneys’ fees, are brought to ACU Bullion, the client will pay compensation to ACU Bullion, its related institutions, employees, agents, heirs, and transferors, and protect them from damage. The client also agrees to immediately pay the damages, costs and expenses, including attorney fees, caused by the implementation of any provisions of this agreement. In addition, if the loss comes from the following items, including but not limited to the following, ACU Bullion will not be liable or compensate for the loss:
(i) Customer’s behavior: Customer’s actions or their omissions;
(ii) Forged signatures: forged signatures or unauthorized signatures on all accounts or relevant documents of this agreement;
(iii) Failure: system failure, equipment failure, system interruption or system failure (whether it is the equipment of the customer, ACU Bullion or the communication service provider);
(iv) Delay: delay, failure or error in the implementation of any instructions;
(v) Information: Incorrect or incomplete instructions received from customers.
15. Transaction recommendation
15.1 The client acknowledges that any market recommendations and information provided by ACU Bullion or its staff to the client does not constitute an invitation to buy or sell precious metals or solicitation to buy or sell precious metals positions. Such recommendations and information may be based entirely on the personal opinions of an employee, although they are based on data sources considered reliable by ACU Bullion, so such information is incomplete and has not been confirmed by ACU Bullion;
15.2 The client acknowledges that ACU Bullion does not make any guarantees for the accuracy and completeness of any information or transaction recommendations provided to the client, and is not responsible for this. The client acknowledges that ACU Bullion and/or its directors, directors, affiliates, affiliates, shareholders or representatives may hold certain precious metal positions or intend to buy or sell certain precious metals. Such transactions will also be recommended by the market. The market positions of the above-mentioned executives, directors, affiliates, affiliates, shareholders or representatives may not be consistent with the recommendations obtained by the client from ACU Bullion.
16. Customer Declaration and Warranty
16.1 The client has a sound mind, has reached the legal age (the legal age in Hong Kong is 18), and has legal capacity;
16.2 The client account is only for the client to operate;
16.3 Do not authorize any person or institution other than the customer to make transactions;
16.4 Do not disclose the password to any person or organization other than the customer;
16.5 Customers should keep their accounts and passwords properly to ensure that their accounts and passwords are not leaked and/or not used by others, and are solely responsible for the instructions issued by their accounts;
16.6 The client is not currently employed by any exchange, any company holding controlling capital on the exchange, a member of any exchange or any company registered on the exchange, any bank, trust institution or insurance company. Once the client accepts the above employment, the client must immediately notify ACU Bullion in writing;
16.7 All the information provided in the account opening application form of this agreement is true, correct and complete as of this date. If there is any change, the customer will promptly notify ACU Bullion of any information changes;
16.8 The client shall fully comply with the relevant laws and regulations of its location, including compliance with any other procedures in order to comply with such regions or jurisdictions, in order to obtain the consent of the government or other parties, as well as the need to enable transactions on the platform provided by ACU Bullion Pay any relevant taxes, duties, and other amounts payable to him. When a customer conducts transaction on the platform provided by ACU Bullion, it will be deemed that the customer has declared and warranted to ACU Bullion that it has complied with the laws and regulations of the place where it is located. If the client has any questions about the situation, please consult a professional consultant.
16.9 When signing this account opening application form, the customer is not a U.S. citizen or resident and does not have any U.S. identification mark (the mark includes a clear indication that the place of birth is the United States, the current U.S. mailing or residential address, including the U.S. post office box and the current U.S. phone number , Permanent instructions to transfer funds to a reserved account in the United States, the currently valid entrusted or signed person holds an address in the United States and uses the address of a financial institution as the only "forwarding" or "deposited mail" account file address).
17. No guarantee of profit or limitation of loss
The client warrants and declares that it has not entered into any separate agreement with the client’s introducer or any employee of ACU Bullion on the transaction of its account, including any agreement to guarantee the profit of its account or limit the loss, and the client agrees that it is liable Immediately inform ACU Bullion of any such agreement in writing. In addition, the client agrees that if any statement made by any person about the trading account is different from the statement obtained by the client from ACU Bullion, the client agrees to bring it to the attention of ACU Bullion in writing. The client understands that it must give authorization before executing each transaction, and any disputed transaction must be notified to ACU Bullion in a timely manner in accordance with the notification requirements of the transaction agreement. If the customer fails to notify ACU Bullion in time for any damages or debts caused by any dispute, the customer agrees to compensate ACU Bullion so that it will not be harmed.
18. Change of application form information
If there are any changes to the information on the customer's account opening application form, the customer is responsible for notifying ACU Bullion of the changes.
19. Agree to confirm and bill the transaction via electronic transmission
19.1 The customer hereby agrees that, as an alternative to mailing and e-mail, the customer's account information and transaction confirmation can be provided through the ACU Bullion platform.
19.2 The client will log in to the account through the platform of ACU Bullion to check his account information. ACU Bullion will publish all account activities of customers. Customers will get daily, monthly and annual account activity reports, reports of every executed transaction and every transaction of previous customers, which will be published in the customer’s online account. Their account information will be deemed to have submitted a transaction confirmation and statement. At any time, the account information will include the transaction confirmation with the ticket number, the buying and selling price, the margin used, the amount of margin trading available, the profit and loss report, as well as all positions and uncompleted orders.
Reports, statements, notices and other communications may be delivered to the customer’s email address or the customer’s address on the application form. All communications sent in this way, whether by e-mail, post, telegram or other means, once put into the relevant postal agency, or received by the sending agency, shall be deemed to have been sent by ACU Bullion, and shall be deemed to have been delivered to the customer, regardless of Whether the customer actually received it.
The customer will pay the introducer fees, commissions and special services or all other fees (including but not limited to premiums and discounts, report fees, idle account fees, order cancellation fees, transfer fees, and other Fees), fees (including but not limited to fees charged by inter-bank institutions, banks, contract markets or other regulatory or self-regulatory organizations). ACU Bullion may collect commissions, fees and/or charges without notice. The client agrees to pay the interest on the outstanding payment to A ACU Bullion (calculated as follows: At the time, the preferential interest rate of the major banks of ACU Bullion plus 5% or the highest interest rate stipulated by law, choose the lower one).
All these expenses will be paid by the customer when incurred, or at the full discretion of ACU Bullion. The client authorizes ACU Bullion to withhold the above-mentioned fees from his account. The client agrees to pay the transfer fee determined by ACU Bullion when it instructs ACU Bullion to transfer the open positions, funds, and/or property of its account to another institution. ACU Bullion confirms that all prices quoted to customers do not include premiums and discounts. Depending on the precious metal contracts being traded, customers are charged premiums or discounts, including buying or selling. The premiums or discounts will be adjusted regularly. Customers are advised to read the revisions online.
The client agrees to be personally responsible for the taxes and fees levied by the government on all transactions or benefits derived from trading activities. The customer also agrees to directly deduct or deduct these taxes or fees from the customer's account upon expiry.
22. Relevant margin and recovery mechanism
22.1 The client shall provide and maintain the margin amount set by the ACU Bullion from time to time. The amount of this margin is determined by ACU Bullion at its sole discretion. ACU Bullion may also change the margin requirements at any time without any reason. The client agrees that when ACU Bullion makes a request, it will immediately deposit the supplementary funds by wire transfer, and promptly meet all margin requirements by the transfer method required by ACU Bullion, and any remittance and transfer fees involved, including bank handling fees, The exchange rate difference and all related expenses are the responsibility of the customer. The client fully understands that ACU Bullion needs time to process the deposit of the relevant client. The client may not be able to immediately use the newly deposited margin as the deposit for the new position, and it may not be used as a margin call. The client agrees to bear all due to failure Timely meeting the margin call requirements and facing the loss of forced liquidation, the loss can exceed the initial margin invested by the customer.
22.2 The customer has the right to notify ACU Bullion to withdraw the designated available cash balance at any time, and the customer agrees that any remittance and transfer fees involved in the process, including bank handling fees, exchange rate differences and all related fees, are the responsibility of the customer. The client fully understands that it takes time to process the client's withdrawal, and the client may not be able to receive the amount withdrawn immediately. The client agrees not to pursue any liability caused by the failure to meet its withdrawal requirements in a timely manner. The customer confirms that once the withdrawal request is issued, ACU Bullion will deduct the amount from the customer's account balance during the office hours of the Hong Kong bank.
22.3 ACU Bullion may liquidate the client's account in accordance with the provisions of this agreement at any time. Even if ACU Bullion does not exercise this right, it does not mean that it has waived the right. Any past margin requirements of ACU Bullion will not prevent ACU Bullion from increasing its margin requirements without notice.
22.4 Recovery mechanism
Under normal market conditions, the margin call mechanism is to hedge the account balance below the value of the funds deposited in the account. When the current net value is lower than a certain percentage of the guaranteed amount for opening a position, the margin call mechanism will force all customer positions to be liquidated. In the event of unfavorable market conditions, especially when prices fluctuate sharply, the loss caused by the execution price of the margin call mechanism for liquidation may exceed the client's account balance. The customer is obligated to repay the deficit in the account.
The client agrees and acknowledges that, regardless of whether automatic warnings are used or not, all communications involving client accounts between the client and ACU Bullion or its staff may be recorded. The client further agrees that in any dispute or litigation involving any client or ACU Bullion, either party may use such recordings or transcripts to provide evidence. The client understands and agrees to delete such recordings on a regular basis in accordance with its established business procedures.
24. Credit report
The client authorizes ACU Bullion to investigate the customer's credit status and contact ACU Bullion for this purpose as appropriate (all) banks, financial institutions and credit institutions related to the verification of the client's information. The client further authorizes ACU Bullion to investigate its current and past investment activities, and to contact futures dealers, exchanges, brokers/dealers, banks, and legal information centers that ACU Bullion deems appropriate for this purpose. If the customer makes a request to ACU Bullion in writing, the customer can be allowed to copy the above records, and the cost is entirely borne by the customer.
25. About Cookies (Cookies)
Cookies are a tracking micro-program on the customer's hard drive that can track and store information about the customer's use of online services. The customer agrees that ACU Bullion may set up and access ACU Bullion 's cookie microprogram on the client's computer to help ACU Bullion understand which advertisements and promotions attract customers to visit ACU Bullion 's website. ACU Bullion and its branches may use cookie micro-programs in ACU Bullion’s products and services to track customers’ browsing on ACU Bullion’s website. The collected and shared information is unnamed and cannot be accessed. Individually identifiable.
26. Security Technology
ACU Bullion adopts Secure Socket Layer (Secure Socket Layer, referred to as SSL) cryptographic technology to protect the information provided by customers. This technology can protect customers' data from being intercepted and stolen by others on the way to ACU Bullion. ACU Bullion is committed to ensuring that the website is safe and compliant with industry standards, and uses other data protection tools, such as firewalls, authentication systems (passwords and personal ID numbers, etc.) and manipulation mechanisms to control unauthorized system access and access data.
27. Transaction Code
ACU Bullion can provide the transaction code of the Chinese Gold & Silver Exchange to customers for a fee. If the customer needs to obtain it, he must inform the ACU Bullion customer service. ACU Bullion reserves the right of final interpretation, but reserves the right to charge final fees. Customers should keep the information logged on the trading platform confidential and securely collect them. These log-in information are directly passed to customers by ACU Bullion. Therefore, only the account holder has such login information and enters the trading platform for trading transactions. When logging in to the trading platform for the first time, the customer should first change the login password by himself and store it properly, because the customer is responsible for all trading activities in the customer's trading account. When the client suspects that the login information has been obtained by a third party, the client should immediately change the password or notify ACU Bullion to change the login password.
28. Closing a position by phone
28.1 If the trading platform cannot be logged in, ACU Bullion reserves the right to provide telephone liquidation services for customers to close positions by telephone. The customer needs to provide the transaction account number, the password of the transaction account number and the ID number. The customer service has the right to further verify the identity information with the customer, and the customer needs to cooperate and confirm. After the information provided is correct, it means that the call has been authorized by the customer. ACU Bullion will not further verify the other information of the provider, and will not be responsible for the loss caused by the non-customer submitting the customer's identity information.
28.2 The customer needs to dial the telephone closing number designated by ACU Bullion to handle the telephone closing business. After the customer's identity is confirmed by ACU Bullion, the position can be closed by telephone. When closing a position by phone, the customer must clearly state the order number, type of product, and direction to close the position. Then the trader will close the position for the customer at the current market price and confirm the closing price to the customer. The closing of a position by telephone must be confirmed by ACU Bullion before it is completed.
28.3 ACU Bullion cannot control the call signals and the number of customer calls. The customer agrees not to pursue any losses caused by the waiting call for closing of the position to ACU Bullion, or because the customer fails to use the phone to close the position for any reason.
29. Binding effect
This agreement covers the customer's opening of an account with ACU Bullion at any time, regardless of any changes in the personnel of ACU Bullion or other heirs, transferors or affiliates. In the event of a merger, merger or other change, this agreement (including any authorization) will be valid for the interests of ACU Bullion or other heirs or transferors, and for the clients and/or their inheritors, trustees, administrators, and legal Representatives, heirs and transferors are binding. The customer agrees that the rights or obligations related to the transaction shall be governed by the terms of this agreement.
30. Agreement acceptance
Only after the customer fills in the account opening application form provided by ACU Bullion and agrees to this agreement, and after it is confirmed and approved by ACU Bullion, can this agreement be deemed to have been accepted by ACU Bullion or become a customer and A binding contract between ACU Bullion.
31. Modification of Agreement
The client understands, confirms and agrees that ACU Bullion may revise the terms of this agreement from time to time, and ACU Bullion will notify the client of these modifications or changes on its website. Customers should review the amendments to the relevant terms regularly and agree to be bound by them.
32. Exemption or modification
Except for the amendments that are posted on its website from time to time, any clause of this agreement cannot be waived or changed, unless the exemption or change is in writing and is signed by the client and the authorized supervisor of the company. The process of communication between the parties to any agreement, or the failure of ACU Bullion or other agents to adhere to the rights under the agreement under any circumstances or a series of circumstances shall not be indirectly interpreted as a waiver or change of rights. Any verbal agreement or instruction other than telephone liquidation cannot be recognized or enforced.
33. Transfer of rights
According to this agreement, ACU Bullion can authorize all or part of its rights or obligations to anyone without the prior consent or approval of the customer. The rights and obligations of the customer in this agreement cannot be transferred without the written consent of ACU Bullion.
When a customer opens a trading account in ACU Bullion, the personal information provided will only be used for the company’s internal business purposes, such as assessing the customer’s financial needs, processing customer transactions and other requirements, and providing related products and services. Provide general transaction services and confirm customer identity according to regulatory procedures. The data that ACU Bullion needs customers to provide for its operation include:
(i) The personal information provided on the account application form and other forms related to ACU Bullion, such as name, address, date of birth, identification document or passport number, occupation, assets and income information, etc.;
(ii) Transaction information related to the client and ACU Bullion and its subsidiaries;
(iii) Information about the customer survey report company;
(iv) Information about verifying the identity of customers, such as government documents, passports or driving licenses.
ACU Bullion will only make limited access to the information provided by customers to employees serving customers in order to provide relevant customer services and product introductions. ACU Bullion also only authorizes the new account application to check the relevant information through the electronic system. These procedural requirements are all to protect customers' non-public information from being disclosed, and to protect customers' privacy. ACU Bullion will not sell or rent the customer's name and personal information to any person.
Applicable law and jurisdiction
All disputes, disputes or claims, breach of contract termination or invalidity of this Agreement or related to this Agreement are exclusively applicable to Hong Kong law and shall be resolved through arbitration. The arbitration is carried out in accordance with the arbitration rules of the United Nations Commission on International Trade Law in effect at the time of submission of the notice of arbitration. The Hong Kong International Arbitration Center will appoint an arbitrator and be selected by ACU Bullion. The designated place of arbitration is the Hong Kong International Arbitration Center in Hong Kong. The language of the arbitration shall be Chinese. This agreement is interpreted in accordance with the laws of the Hong Kong Special Administrative Region where ACU Bullion is located. Any award made by the arbitration will be final and binding, and any court with jurisdiction can enforce it in accordance with the law.
Attachment 1 Customer Notice
(1) Precious metal trading is only suitable for professional institutions or professional investors, whose financial resources can bear losses far exceeding the value of margin or deposits.
(2) Customers should note that precious metal trading based on margin is one of the riskiest investment methods in the financial market and is only suitable for experienced investors and institutions. Accounts opened in ACU Bullion allow customers to trade precious metals with a high leverage ratio. In view of the possibility of losing all of the investment, the funds for speculation in the precious metal trading market must be risk capital, and the loss will not have much impact on the financial status of the individual or organization of the customer.
(3) If the customer has only invested in low-risk investment tools in the past, the customer may need to learn precious metal trading before the formal trading. The customer needs to realize that if the market trend is not as expected by the customer when trading precious metals, the customer may lose all the funds deposited in ACU Bullion as the initial margin. If the customer wants to continue the customer's investment, the customer must confirm that the customer's funds are pure risk capital, and the loss of these funds will not harm the customer's lifestyle or damage the customer's future retirement plan. In addition, the customer fully understands the nature and risks of precious metal investment, and the loss suffered by the customer during the investment will not affect the third party.
(4) The business of precious metals is not traded in an organized market, so there is no need for public bidding. Although many computer-based systems provide quotes and actual prices, the two may differ due to market liquidity. Many electronic trading facilities are supported by computer-based systems for order placement, execution, and matching of transactions. Like all facilities and systems, they are susceptible to temporary failures. The customer's ability to recover certain losses may be limited by the limited liability of the system provider, market bank and/or financial institution. These responsibilities may be different.
(5) In the precious metals market, companies that trade for customers may also be the counterparties of customer transactions. In this case, it may be difficult or impossible to close a position, assess value, determine fair value, or assess risk. For these reasons, such transactions may involve greater risks. The trading of precious metals may be subject to less supervision or regulated by a different regulatory system. Before starting a transaction, customers should understand the applicable regulations and accompanying risks.
(6) ACU Bullion cannot guarantee the credibility of the client's counterparty. ACU Bullion can only do its best to conduct transactions with institutions and clearing houses with good reputation. In addition, there may be such a situation: that the decline in trading liquidity causes precious metal trading to stop, thereby preventing the liquidation of unfavorable positions, which may cause considerable financial losses.
(7) For transactions made by the customer confirming the purchase or sale of precious metals, each transaction can only be credited to the customer's account.
(8) ACU Bullion 's margin policy and the policies of the institution/clearing house that execute the transaction may require customers to provide additional funds in order to maintain their margin accounts, and customers are obliged to meet such margin requirements. Otherwise, it may bring about the liquidation of the position and the corresponding loss. ACU Bullion reserves the right to refuse to accept orders or provide market hedging.
(9) Transactions in a certain electronic trading system may not only be different from transactions in the interbank market, but may also be different from transactions in other companies' electronic systems. If a customer engages in transactions on an electronic platform, the customer will face risks related to the system, including hardware and software failures. System failure may cause the customer's order to be difficult or impossible to execute in accordance with the customer's instructions.
(10) ACU Bullion and the authorized company are completely independent. If the customer agrees to register and deposit and withdraw funds through the authorized company, all responsibilities arising therefrom shall be borne by the customer and the authorized company.
(11) ACU Bullion is not responsible for any statement or guarantee made by any trading introducer. ACU Bullion will not be responsible for the losses incurred to customers due to the remarks and/or actions of the trading introducer; ACU Bullion will not provide any indirect or direct support or approval for the operation of the trading introducer.
(12) Customers should fully comply with relevant local laws and regulations, including obtaining the consent of the government or other parties to comply with any other procedures that must be followed in these regions or jurisdictions, and the need to pay any local fees for using the relevant platform to conduct transactions. Related taxes, duties and other amounts. When a customer conducts transaction on the ACU Bullion platform, it will be deemed that the customer has declared and warranted to ACU Bullion that it has complied with local laws and regulations. If the customer has any questions about the situation, please consult with a professional consultant. The client acknowledges that Asia Data Bank has not made any guarantees regarding the tax impact or treatment of precious metal contracts.
(13) All customers must be aware that any return guarantee is illegal. In addition, unless there is a written record signed by an authorized person of ACU Bullion, ACU Bullion is not responsible for any statement or guarantee made by ACU Bullion, its employees and/or affiliates.
Attachment II Risk Disclosure Statement
(1) This statement does not mean that all risks and other important aspects of precious metals (including gold and silver) transactions have been disclosed. In view of the relevant risks, the client confirms that before starting such transactions, he has understood the nature of the transaction and the degree of risk faced by the client, and knows that precious metal trading is not suitable for the general public. The customer must carefully consider whether such transactions are suitable for the customer based on the customer's investment experience, purpose, financial resources, and risk tolerance. Customers who have been notified before opening an account and starting trading should consult legal, financial and other professional opinions.
(2) Risks of margin trading
Trading in precious metals carries a high level of risk. Relative to the price of precious metals, the amount of initial margin may be relatively small, so the transaction will be leveraged. Even relatively small changes in the market will have a relatively large impact on the funds that customers have or will deposit. This may be beneficial or not for the customer. In order to keep the position from being settled, the customer may need to bear the initial margin deposited by the customer into the ACU Bullion and any additional capital losses. If market changes are unfavorable to the customer or increase the margin level, the customer may not be able to add margin in time to maintain the position and be liquidated in the event of a loss, and the customer will be responsible for the resulting loss.
(3) ACU Bullion is committed to providing customers with the best transaction execution, and strives to complete all orders at the required price. Nevertheless, sometimes due to the increase in international market volatility, orders may be affected by this. It most often occurs during basic news events or during periods of greater volatility. Taking the overnight interest time as an example, this is a well-known period in which liquidity tends to be limited. During these periods, your order type, required quantity, and specific order instructions may affect your overall transaction execution. During market fluctuations, it may be difficult to execute orders. For example, the price you get when you execute your order may differ by many pips from the price selected or quoted based on market changes. In this case, the trader expects to execute the transaction at a specified price, but for example, in less than one second, the market may have deviated significantly from that price. The trader's order will then be executed at the next available price for that particular order. ACU Bullion 's trading platform provides a variety of basic and advanced order types to help customers reduce execution risks. In this case, the order will be executed at the best available price within the specified range. If there is sufficient liquidity in the market, the system will execute the order within an acceptable range. If the order cannot be executed within the specified price range, the order will not be executed. In addition, when triggered, the stop loss will become a market order that can be executed at the next available market price. The stop loss guarantees the execution of the transaction, but it does not guarantee that it can be executed at a specific price, and the market price shall prevail. Affected by system upgrades, data updates or other network reasons, ACU Bullion reserves the right to change the validity period of pending orders that have not successfully opened positions without prior notice. The client agrees not to hold ACU Bullion liable for the potential profit loss due to the cancellation of the pending order.
(4) Trading facilities
Most of the electronic transaction facilities are through computer and network-based systems for the transmission, execution, matching, registration, and transaction clearing of transaction instructions. Like all facilities and systems, they are susceptible to temporary failures. The customer's ability to recover certain losses may be limited by: limited liability or exemption clauses set by the system provider, market, clearing house, and/or member company. These limited liability and exemption clauses may vary.
(5) Electronic transactions
Different from the trading operation of open outcry trading, electronic trading will give customers the opportunity to encounter problems due to computer hardware, software and Internet transmission errors, resulting in customers' orders being unexecuted or not executed at all. ACU Bullion will not be held responsible for such issues.
(6) Over-the-counter transactions
In certain jurisdictions, and only in limited circumstances, ACU Bullion may be allowed to conduct over-the-counter transactions. Because the company that handles the transaction may also be the client's counterparty, in this case it will increase the client's investment risk. Over-the-counter transactions are generally less regulated, or are supervised by independent regulatory bodies. Therefore, customers must understand the trading rules and the risks that may occur when trading.
(7) Transactions in other jurisdictions
Transactions in markets in other jurisdictions (including markets officially connected to the local market) may expose customers to other risks. Under those market regulations, investors may receive different protections or may even reduce the protection for investors. Before starting a transaction, the customer should inquire about any regulations related to the customer's transaction. The client's local regulatory agency will not be able to force the enforcement of the regulations of the regulatory authority or market in other jurisdictions where the client's transaction is located. Customers should determine and understand the compensation available in their own location and other jurisdictions before trading.
(8) Suspend or restrict the relationship between transaction and pricing
Market conditions (e.g. liquidity) and/or certain market operating regulations (e.g. suspension of trading of any precious metals due to price restrictions or market suspension) may increase the risk of loss because the transaction is completed or liquidated, and the hedging position has changed very difficult or impossible. Furthermore, the normal price relationship between related assets and precious metals may no longer exist, and the lack of reference prices for related assets makes it difficult to judge fair prices.
(9) Cash and property deposited
Clients must be familiar with the various guarantees for "money and property deposited for local or foreign transactions", especially when the company is insolvent or goes bankrupt. The extent to which customers can recover cash and property is subject to specific laws or local rules. Different jurisdictions have their own unique distribution methods, and customers should first understand them.
(10) The risk of force majeure
Note to customers If the trading activities are disrupted by force majeure, the customer's order may not be executed, or executed under conditions that are relatively inadequate, and ACU Bullion will not bear any responsibility. Situations of force majeure include but are not limited to:
(i) The quotation source is temporarily closed, damaged or otherwise closed and stopped operating;
(ii) In the corresponding trading market, there are abnormal changes in the price of precious metals or loss of liquidity;
(iii) The publication of a macroeconomic information package or other political and economic information has a significant impact on the price of precious metals;
(iv) The electronic trading system cannot operate normally due to the damage of software and hardware;
(v) The Internet connection fails due to the error of the network provider;
(vi) Decisions and orders of the State Administration;
(vii) Paralysis of the telecommunications system;
(viii) Other circumstances beyond the reasonable control of ACU Bullion, such as fires, riots, strikes, work stoppages, wars, or other circumstances that cause abnormal changes in precious metals trading.
Attachment 3 Account Opening Application Form
I hereby declare
1. The information and statements contained in this account opening application form are true, complete and correct;
2. I will bear all responsibilities for the final instructions issued by the individual and the trading system;
3. I am a person who intends to receive the commercial/economic benefits of the transaction and/or bear the commercial/economic risks.
I hereby confirm and agree that unless ACU Bullion is notified of changes by me, ACU Bullion can rely solely on the above-mentioned information and statements for all purposes.
I confirm that I have read and understood the ACU Bullion Customer Agreement including the customer notice and risk disclosure statement in the annex, and have been informed that I should seek independent advice before opening an account. I agree to be bound by the terms and conditions of the ACU Bullion Customer Agreement and understand and confirm that ACU Bullion has the right to amend the terms and conditions of the agreement from time to time. ACU Bullion will announce the relevant amendments or changes to customers on the ACU Bullion website (www.acughk.com). The customer is responsible for regularly reviewing the amendments to the relevant terms and agrees to be bound by such amendments.
I confirm that ACU Bullion does not provide any investment, tax or legal advice or suggestions. ACU Bullion has the right to amend the terms of this agreement from time to time.
Remarks: Trading rules
The trading rules may change from time to time according to market conditions. The content of the trading rules is subject to the official website announcement and announcement. ACU Bullion reserves the right of final interpretation regarding the transaction details.
1. Spread adjustment
According to market conditions, the trading platform adjusts spreads in response to market circulation or when market conditions fluctuate greatly, and the system display shall prevail; when market volatility is large, spread fees may be adjusted according to market conditions, and the system display shall prevail. ACU Bullion collects standard spreads, and reserves the right to adjust the spreads charged by the trading platform at any time without prior notice. ACU Bullion reserves the right to interpret and decide on the collected spreads.
2. Forced liquidation
When the prepayment ratio of the client's account reaches 30%, the system will force liquidation from the trading order with the most losses until the margin returns to more than 30%. When the price fluctuates and there is a gap, it may skip 30% and force the position to be closed at a prepayment ratio of less than 30% or cause the balance to appear negative. On weekends or international holidays 30 minutes before the market is closed, the maintenance margin will be increased by 100%. After the international holiday or before the market opens on Monday, the maintenance ratio will return to the 30% stage, and you need to pay attention to the capital situation of the holdings. Customers note that overnight interest will be charged across weekends, and overnight interest needs to be taken into account.
3. Validity period of pending order and stop loss profit setting
Pending orders and stop-loss and profit settings are valid for one week. After the weekend or international holidays, all pending orders and unexecuted stop-loss and profit settings will be cancelled. If necessary, customers can reset it after the international holiday or after the market opens on Monday.
1) Customers can deposit funds into their trading accounts according to the deposit method provided on the ACU Bullion website.
2) Unless ACU Bullion has verified and confirmed that it has received the client's deposit, it will not be able to process the deposit for the client.
3) If the customer injects capital by bank transfer, all the handling costs incurred by the customer shall be borne by the customer.
4) ACU Bullion cannot guarantee the status of the Internet connection, and the customer agrees that it shall be held liable for the losses caused by the inability to inject capital on the webpage in a timely manner.
1) Before the first withdrawal, a photocopy of the customer's valid ID and bank card must be submitted to ACU Bullion otherwise, ACU Bullion will not accept the customer's withdrawal application.
2) The maximum limit of a single withdrawal for domestic and foreign customers is 100,000 RMB (or equivalent currency). There is no upper limit for Hong Kong customers.
3) When domestic and foreign customers apply for each withdrawal, once the application is successful, the remittance fee will be borne by the customer
4) If the customer applies for a withdrawal of less than USD 50 per withdrawal, once the application is successful, ACU Bullion will charge USD 10 as the remittance handling fee
5) ACU Bullion will start processing the withdrawal application from the day it receives the withdrawal application, and remit the payment on the same day as expected according to the process.
6) In view of the reasons of the third-party manufacturers, the processing speed of the bank is not controllable and accurately predicted by ACU Bullion. Therefore, there may be cases where the customer may delay receiving the withdrawal funds. The customer agrees not to hold ACU Bullion liable for the payment time exceeding 2 hours.
7) The currency of the account depends on the region where the customer holds the receiving bank card. The currency of bank card customers in mainland China is RMB, the currency of bank card customers in Hong Kong is Hong Kong dollars, and the currency of customers in other regions is US dollars.
8) ACU Bullion reserves the right to interpret and decide on the handling fees for capital injection and withdrawal.
6. Exchange rate
All non-U.S. dollar deposits will be converted into U.S. dollars at the market exchange rate. When withdrawing money, ACU Bullion will exchange the corresponding currency for the customer according to the market exchange rate. The customer agrees that ACU Bullion will exchange at the market exchange rate provided.
7. Transaction code
1) The transaction code is obtained by ACU Bullion from the Chinese Gold and Silver Exchange, and the Chinese Gold and Silver Exchange confirms that the transaction price is reasonable before issuing the transaction code. If customers need to inquire about the transaction code, they must inform the customer service. ACU Bullion reserves the right of final interpretation for matters concerning transaction coding.
2) The opening/closing transaction code corresponds to the customer's order number, which is unique.
8. Limitations of ultra-short positions
ACU Bullion has no special restrictions on short-term trading. As long as it is a normal transaction, short-term transactions can be accepted.
9. Transaction history and transaction records
In the event of a dispute between a customer and ACU Bullion, ACU Bullion reserves the right to publish the customer's transaction history and transaction records to clarify its own rights.
10. Execution mechanism of the trading platform
The client understands and agrees that the trading platform processes orders in accordance with its own execution mechanism. When multiple orders reach the effective price at the same time, the order of execution is not in accordance with the order of arrival, and the order in which the transaction order is created will also be one of the judging factors. For any issues involving the order of the platform's processing of transaction orders at the same time, the customer agrees to follow the transaction platform's processing mechanism. ACU Bullion has the final right to interpret the handling mechanism of the trading platform.
11. Set the distance
The set distance between the pending order and the current price of the stop loss/profit distance may be set differently in different time periods. ACU Bullion reserves the right to change the set distance at any time without prior notice. All set distances are subject to the actual setting of the trading platform system.
ACU Bullion has the right to interpret the discounts provided to customers, as well as the right to decide whether customers enjoy the discounts and the amount of the discounts.
13. Pending order price description
ACU Bullion is committed to providing customers with the best transaction execution, and strives to complete all orders at the required price. Nevertheless, sometimes due to the increase in international market volatility, orders may be affected by this. It most often occurs during basic news events or during periods of greater volatility. Taking the overnight interest time as an example, this is a well-known period in which liquidity tends to be limited. During these periods, your order type, required quantity, and specific order instructions may affect your overall transaction execution. During market fluctuations, it may be difficult to execute orders. For example, the price you get when you execute your order may differ by many pips from the price selected or quoted based on market changes. In this case, the trader expects to execute the transaction at a specified price, but for example, in less than one second, the market may have deviated significantly from that price. The trader's order will then be executed at the next available price for that particular order. The ACU Bullion’s platform provides a variety of basic and advanced instruction categories to help customers reduce execution risks. In this case, the order will be executed at the best available price within the specified range. If there is sufficient liquidity in the market, the system will execute the order within an acceptable range. If the order cannot be executed within the specified price range, the order will not be executed. In addition, when triggered, the stop loss will become a market order that can be executed at the next available market price. The stop loss guarantees the execution of the transaction, but it does not guarantee that it can be executed at a specific price. The market price shall prevail.
I have read, understood and accept the above terms